1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS WORK.SESSION 6:00 PM REGULAR MEETING MONDAY, JUNE 25, 2018 7:00 PM WORKSESSION SPECIAL ASSESSMENT DISTRICT (SAD) Mayor Perry stated this is a continuation from last meeting. Tom D' Alesandro, Joe Lucas and Thad Wilson were present and assisted with the presentation. The handouts presented can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={241E02AD-l 951-4F2C-BC9C-0B323AA389F6} (Special Assessment District Handouts) REGULAR MEETING I Mayor Cindy S. Perry called the regular meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present for the worksession and regular meeting: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bett Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Chief of Police Percy Crutchfield, Planning Director Jeff Jones, Engineer Elizabeth Goodson, Planner II Victoria Bailiff, Finance Director Heather Meacham and Parks Planner Paul Home. Mayor Perry introduced herself to those in attendance and asked that each Board member do the same. Mayor Perry also introduced staff in attendance and recognized Elizabeth Goodson, Town Engineer (this was her first day on the job). Commissioner Farrell said he had a question about consent item #2 and asked that it be moved to New Business #1. Motion was made by Commissioner Foley seconded by Commissioner Fiocco to approve the regular agenda as submitted with moved consent item #2 to New Business #1. Vote Aye-5 Nay-0 June 25, 2018 Minutes Page 1 Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the consent agenda as amending including the corrections to the June 11, 2018 that were at our seats tonight. The Consent Agenda contains the following items: 1. Approve Minutes of the June 11, 2018 regular meeting. (with corrections) 2. Approve Small Town Main Street Designation/Trademark Annual Agreements. (Moved to New Business #1) 3. Receive inventory of sold surplus items. 4. Accept Financial Report as of May 31 , 2018. Vote Aye-5 Nay-0 PUBLIC HEARING Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to go into public hearing. Vote Aye-5 Nay-0 ZONING TEXT AMENDMENT REQUEST (ZTA-2018-03) PUBLIC UTILITIES WITH SERVICE AND STORAGE YARDS Planning Director Jeff Jones stated that Duke Progress Energy is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently, the Table lists "Public Utilities with Service and Storage Yards" as a permitted use only within the M-1 & M-2 zoning districts and allowed with a Special Use permit in the C-2 zoning district. Duke Progress is proposing to allow by right Public Utilities with Service and Storage yards in all zoning districts except C-2. As part of this use being allowed by right Duke has proposed several development requirements such as screening and minimum lot size for this type of use. Staff is generally in favor of this zoning text amendment; however, staff would propose to limit the amendment to the following zoning districts; RA-5, RA-2 & RA. Additionally, conditions should be as follows: a. The public utility shall have a minimum five (5) acres in RA-5, RA-2 & RA zoning districts. b. The entire facility shall be enclosed by a security fence not less than 6 feet in height. In addition, an opaque screen not less than 6 feet in height at the time of planting shall be required. Micah Radcliff said he was present to answer any questions. June 25, 2018 Minutes Page 2  PUBLIC COMMENTS: None SUBDIVISION APPLICATION (SUB-2017-02) CHATHAM PARK 5.1-NORTH SUBDIVISION PERIMETER BUFFER Victoria Bailiff, Planner II reported that Chatham Park Investors LLC has proposed a subdivision consisting of 316 lots over an 81.4 acre site; 70 of the lots have been proposed as townhomes. The townhomes are within 500 feet of an exterior boundary of the Chatham Park PDD and will border 908 linear feet of adjacent property located outside of Chatham Park. The Chatham Park Master Plan states, that "for land uses allowed in Chatham Park that are identified as "permitted by SUP (Special Use Permit) only" in the Town's Zoning Ordinance, when proposed within 500 feet of the perimeter boundary shall include proposed Perimeter Boundary Transition treatments with the required Site Plan applications. In these cases the Town's review of the site plan and the Perimeter Boundary Transition treatments shall include a Public Hearing." The Town of Pittsboro Zoning Ordinance identifies townhomes as a use which requires a Special Use Permit; and as the proposed site is within 500 feet of an exterior boundary, review of this site plan must include a public hearing so as to provide interested parties with an opportunity to comment on the proposed Buffer. PUBLIC COMMENTS: None r ANNEXATION REQUEST (A-2018-01) CHATHAM PARK 5.1 NORTH Planner II Victoria Bailiff reported that we have received a petition requesting annexation. Owner: Chatham Park Investors LLC Applicant: Chatham Park Investors LLC Location: Harriet Watson Road (South of US 64 Bypass, East of Tom Womble Road) Parcel: 86970 Current Zoning: PDD Proposed Zoning: No change Acreage: 17.152 acres Contiguous to Corporate Limits: Yes Existing Use: Vacant Utilities: Property proposed to be served by water and wastewater. The Town Clerk has certified the sufficiency of the petition. PUBLIC COMMENTS; None June 25, 2018 Minutes Page 3 Motion made by Commissioner Fiocco seconded by Commissioner Foley to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS None COMMISSIONER UPDATES Mayor Updates - Mayor Perry reported that she attended: • T ARPO meeting on prioritization. • Juneteenth Celebration in Pittsboro and Alamance County. • TJCOG Water Resource and Growth Collaboration. • Main Street Meeting here at Town Hall. • Pittsboro Affordable Housing Meeting here. • Conference call with State Officials, others at water quality before tonight's meeting. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street- Commissioner Fiocco said Summerfest is Sunday. Commissioner Foley said they are having volunteer night at the Pittsboro Roadhouse on Thursday. • Climate Change OLD BUSINESS ZONING TEXT AMENDMENT (ZTA-2018-02) REQUEST REGARDING CREMATORIUMS Planning Director Jeff Jones reported the Pittsboro Board of Commissioners is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently, the Table lists "Funeral Home or Crematorium" as a singular use; the Board of Commissioners is requesting that crematoriums and funeral homes be listed as separate uses. In addition to the separation of uses, the Board is also requesting that Crematoriums be removed from the list of permitted uses allowed in the C-2 (Highway Commercial) and 0-1 (Office and Institutional) zoning districts. Crematoriums would then only be permitted by right in the M-1 (Light Industrial) and M-2 (Heavy Industrial) zoning districts. June 25, 2018 Minutes Page 4  Funeral Homes would be permitted by right in 0-1 (Office and Institutional), C-2 (Highway Commercial), C-4 (Central Commercial), M-1 (Light Industrial), and M-2 (Heavy Industrial) zoning districts. A public hearing was held on May 29, 2018. Two citizens chose to speak in favor of the neighboring C-2 and 0-1 districts. The Planning Board reviewed this text amendment request at its meeting on June 4, 2018 and in a vote of 6-0 the Board recommended approval of the request. The Board of Commissioners reviewed this text amendment request at its meeting on June 11, 2018. Concerns were shown over lack of information on crematoriums in general and because of this, the Board decided to table the item until its next meeting on June 25, 2018. Mayor Perry referenced the handout the board received regarding technology in cremation. Commissioner Farrell said the handout he gave to everyone tonight was provided by Patrick Bradshaw. Commissioner Farrell said with the cost of burials these days a lot of people are going to cremation. He doesn't want to put any one out of business. Handout can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC= {4DD4D0A9-D93B-4 E92-8B2B- 1BAC76976EB0} &DE= {241 E02AD-1951-4F2C-BC9C-0B323AA389F6} (Handout from Commissioner Farrell) Mayor Perry stated the Zoning Compliance was approved by Staff for Donaldson Funeral Home. I Mr. Jones said that is correct. Mr. Jones stated that Knotts Funeral Homes had requested a change last year and they did not have any interest in a crematory in Pittsboro they wanted Funeral Homes allowed in C-4 district. Commissioner Bonitz stated the handout provided tonight is merely sale literature, the only sited authority is themselves. He has had the privilege of learning about pollution from burning stuff and it creates dioxane and impurities at a much higher rate if it is wet than if the items are dry. Commissioner Bonitz feels the Zoning Amendment is important and he strongly supports the text amendment in the interest of health and welfare to our town. Motion made by Commissioner Bonitz seconded by Commissioner Foley to approve the Consistency Statement for an Amendment to the Zoning Ordinance (Crematoriums). Commissioner Baldwin said she would like to look at Ml & M2 being close to Horton Middle Schools and Crematoriums can be placed there. She would also like to look at the Potterstone area as well. Commissioner Fiocco said he understand the concerns, but we have to have some industrial uses in Town. June 25, 2018 Minutes Page 5 Planning Director Jeff Jones said we could look at attaching additional restrictions. Vote Aye-5 Nay-0 Motion made by Commissioner Bonitz seconded by Commissioner Foley to approve the Ordinance Amending the Zoning Ordinance of the Town of Pittsboro (Crematoriums) ZTA- 2018-92. Vote Aye-5 Nay-0 There was a discussion of Ml and M2 zoned areas (areas of concern schools, churches and day cares). Mr. Jones said he would do research in other areas to see how they address this and he will report back at the July meeting. A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO (CREMATORIUMS) (ZTA-2018-02) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 203 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO (CREMATORIUMS - ZTA-2018-02) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 32-33 MOSAIC DEVELOPMENT UPDATE Kirk Bradley gave an update to the Planning Board and wanted to do the same for the Town Board. He said this is just an informational session. Kirk Bradley gave a PowerPoint Presentation that can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={241 E02AD-1951-4F2C-BC9C-0B323AA389F6} (Mosaic Presentation 5.31.18 and Mosaic Presentation 6.19 .18) SYSTEM DEVELOPMENT FEES UPDATE Gary Hartong, The Wooten Company went over a PowerPoint Presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={241 E02AD-195 l-4F2C-BC9C-0B323AA389F6} (180625 Pittsboro SDF Council Presentation gdh) Commissioner Fiacco asked at what point the fees would be due. Mr. Hartong said it is specified by the General Assembly and he would need to check. UNIFIED DEVELOPMENT ORDINANCE (UDO) UPDATE Planning Director Jeff Jones stated back in April staff presented a schedule that included at least two public informational meeting and a workshop with the Town Board and Planning Board. The workshop with both Boards occurred on May 1, 2018 and good progress was made. Staff held two Public Information sessions on May 16, 2018 held at Town Hall and June 3, 2018 held June 25, 2018 Minutes Page 6  at First Sunday. Both sessions, had approximately 25 to 30 persons either in attendance or stopping by the information booth. r Following the schedule that was presented, staff is requesting that a Public Hearing on the UDO be scheduled for the July 23, 2018 meeting. Holding the Public Hearing is an important next step in the process. There may still be items that are cleaned up based on the Public Hearing and that is expected, staff does not anticipate wholesale changes that would create the need to hold another Public Hearing? Mr. Jones said there may be a need to hold an additional worksession. Commissioner Fiocco and Commissioner Bonitz expressed frustration with the Consultant during this process (not taking notes during meetings, a lack of guidance, not addressing citizens' concerns). The way the UDO is written currently will not allow First Sunday or the Farmers Market and the Board does not want to ban those activities. After discussion a motion was made by Commissioner Foley seconded by Commissioner Bonitz to set a public hearing on the UDO for July 23, 2018 at 7:00 pm. Vote Aye-5 Nay-0 CHATHAM PARK MASTER PLAN TEXT AMENDMENT - ADDITIONAL ELEMENTS/PUBLIC FACILITIES r Planning Director Jeff Jones reported that the Board of Commissioners should continue their discussion on Public Facilities and particularly the section on Parks. Parks Planner, Paul Home has provided an analysis of future parks within Chatham Park and the associated potential cost for those parks. Particularly interesting is how does the Town and future development, including Chatham Park maintain the current level of service or even improve upon the Level of Service. Is this level of service necessarily publicly, dedicated parks or is this an opportunity for the Level of Service to be some Public and some Private opportunities? Park Planner Paul Home memo can be found at: https://pittsboronc. gov/index.asp?Type=B BASIC&SEC= {4 DD4 D0A9-D93B-4E92-8B2B- 1BAC76976EB0} &DE= {241 E02AD-1951-4F2C-BC9C-0B323AA389F6} (CP Add Elements Park Memo - 18-06-19) Will the Parks that are provided for be publicly available to all or to only those that reside in Chatham Park. Additionally, the use of Fee in Lieu will reduce the amount of Parkland dedicated to the Town if utilized by Chatham Park and the Town. The Town would be trading acreage for a built system with Fee in Lieu. The obverse of Fee in Lieu is the Town accepting the acreage required and building Parks and greenways ourselves, or Chatham Park could dedicate and build Park facilities, including greenways and use the Special Assessment District to be reimbursed. The Town would either use general funds available, create an impact fee, or Bonds to build Parks and greenways. June 25, 2018 Minutes Page 7 While the future Parks Master Plan may help get the Town to some of these answers, further planning on Parks will be needed in the future to answer all these questions. Chatham Park will also be ready to discuss responses to Fire and Police future needs, as well as, some language on how Reclaimed water is proposed to be distributed within Chatham Park. Ken Eagle - 2235 Gateway Access Point in Raleigh stated they have the reservation drafted in a resolution to address Commissioner Fiocco's concerns. Mr. Eagle said they think the best place to address sewer/stormwater/schools is in the Small Area Plan. There was a period of questions/answers. Handout can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EBO}&DE={241E02AD-1951-4F2C-BC9C-OB323AA389F6} (CP AE Revised Handout) Commissioner Fiocco said he feels his comments have been addressed adequately regarding development capacity for facilities. He asked if things can be changed in a Small Area Plan if response time now is 5 minutes and later it is 2 minutes. He asked how that would be addressed. Chuck Smith said it will be addressed during the annual revisit meeting with the Board. Paul Home, Parks Planner spoke on the memo submitted with the agenda packet. It can be viewed above. Commissioner Bonitz said he was curious about co-locating services for fire, EMT and police. Commissioner Farrell said they looked at that. After discussion Commissioner Farrell stated he would like to have Fire Chief Daryl Griffin review this revised document. Chuck Smith said we have been working on Public Facilities for eight months, he wanted to know what they need to do to get closer. Motion made by Commissioner Farrell seconded by Commissioner Baldwin to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Foley to reconvene. Vote Aye-5 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Foley to move the Main Street Agreements to the next item for discussion because of the lateness of the meeting. Vote Aye-5 Nay-0 June 25, 2018 Minutes Page 8  SMALL TOWN MAIN STREET DESIGNATION/TRADEMARK ANNUAL AGREEMENTS Commissioner Farrell said he had a question about a statement in the document that says they pledge commitment of a paid person or a volunteer. He has found out that they have all volunteers. He said item 11 states the budget should be adequate - he don't know what adequate is (enough to get projects identified done). The Board expressed gratitude for all the volunteers. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Main Street Annual Agreements. Vote Aye-5 Nay-0 SMALL TOWN MAIN STREET DESIGNATION/TRADEMARK ANNUAL AGREEMENTS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 187-202 FY 2018-2019 ANNUAL OPERATING BUDGET Manager Gruesbeck stated that based on input from the June 11, 2018 regular Board of Commissioners meeting, the following changes were made to the proposed budget: General Fund [ • Amended some payroll projections due to actual hire salary - this affected 5100 (Police). Also amended some payroll calculations - this affected 4900 (Planning), 5400 (Public Works) and 6300 (Chatham Park). • Moved Fa9ade Improvements from Recreation Dept. to Main Street/Downtown Department and increased amount allocated to Main Street from $50,000 to $60,000 - this reduced 6200 (Recreation) and increased 6400 (Main Street/Downtown). • Added line item under Dept. 5400 (Public Works) for Sustainable Environmental Program with $10,000 allocated. This initiative was mentioned by Mayor Perry and allows the Town to resume the replacement of older, energy-intensive streetlights with more efficient LED lights. • Reallocated a portion of the Engineer position to Enterprise Fund to account for the time that position spends on Enterprise related activities. Enterprise Fund • Changed amount for locator under Dept. 8300 from $16,000 to $2,000 to reflect accurate cost estimate. • Amended some payroll calculations - this affected 8200, 8300. • Added credit card payment fee of $2.00 per transaction - estimated revenue of $8,000 - this is a conservative estimate. June 25, 2018 Minutes Page 9  • Increased expected revenue from penalties from $45,000 to $48,265 due to current fees collected to date. • Reallocated a portion of the Engineer position to Enterprise Fund to account for the time that position spends on Enterprise related activities. Manager Gruesbeck stated the budget is balanced with no tax or water & sewer user fee increases. The Board thanked Manager Gruesbeck and Finance Director Meacham for their work on the budget. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the FY 2018-2019 Operating Budget. Vote Aye-5 Nay-0 ADOPTED BUDGET FOR FY 2018-2019 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 34-96 NEW BUSINESS None ADDITIONAL UPDATES AND REPORTS MANAGER'S UPDATE ON PROJECTS Mayor Perry said she has spoken with Manager Gruesbeck about moving the Manager's Update up to where the Board gives their updates. Manager Gruesbeck submitted written updates for the agenda packets (he gave a brief overview of the report), it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={241E02AD-1951-4F2C-BC9C-0B323AA389F6}(Updates 6.11.18) Commissioner Baldwin stated that the County Affordable Housing meeting scheduled for July 5, 2018 has been moved to July 12, 2018 because of the 4th of July. COMMISSIONER CONCERNS Commissioner Farrell wished everyone a Happy 4th of July. Commissioner Fiocco stated he was glad to see the DWI Timeline. Commissioner Bonitz asked when the Zoning Compliance for Donaldson Funeral Home was approved. He stated it seems like the Board should have been made aware of that before considering changes to the ordinance. June 25, 2018 Minutes Page 10 Commissioner Bonitz said it appears to him that at least two of the Board members were aware of this. Manager Gruesbeck said he did not know the date of approval. Attorney Messick said he found out at the end of the last meeting. Commissioner Bonitz said in the future if a policy making decision is being considered and an administration decision has been made, he thinks the complete board should be advised of it. ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Fiocco to adjourn at 11 :25 pm. Vote Aye-5 Nay-0 ~ cis. A-12. Perry, M ~ ATTEST: ~J.X¥ Alice F. Lloyd, CMC, NCCMC Town Clerk June 25, 2018 Minutes Page 11